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HomeMy WebLinkAboutPC-1002-2019 (EID-1484-2018, SPEC-1482-2018, SBDV-1483-2018, ARCH-1486-2018 -- 660 Tank Farm and 3985 Broad Street)RESOLUTION NO. PC-1002-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL ADOPT THE AIRPORT AREA SPECIFIC PLAN AMENDMENTS AND ASSOCIATED GENERAL PLAN AMENDMENT AND REZONE, VESTING TENTATIVE TRACT MAP, CREEK SETBACK EXCEPTION, AND ARCHITECTURAL DESIGN REVIEW TO ALLOW THE PHASED DEVELOPMENT OF AN ASSISTED LIVING FACILITY AND COMMERCIAL CENTER AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED APRIL 10, 2019 (660 TANK FARM ROAD, 3985 BROAD STREET; EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH- 1486-2018) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 10, 2019, for the purpose of considering an Initial Study -Mitigated Negative Declaration of environmental impacts, Airport Area Specific Plan Amendments, General Plan Amendment and Rezone, Vesting Tentative Tract Map, Architectural Review, and Creek setback exception for the property located at 660 Tank Farm Road and 3985 Broad Street to consider a recommendation to the City Council for a phased project with an assisted living facility and commercial center; and WHEREAS, on June 13, 2018 the Planning Commission of the City of San Luis Obispo conducted a conceptual policy review of the proposed project; and WHEREAS, on October 15, 2018, the Architectural Review Commission of the City of San Luis Obispo reviewed the project for consistency with the with Community Design Guidelines and Airport Area Specific Plan Community Design Standards; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission does hereby recommend the City Council approve the proposed project (SPEC-1482-2018, SBVD-1483-2018 (VTTM #3115), ARCH-1486-2018) that includes a Specific Plan Amendment, General Plan Amendment and Rezone, Vesting Tentative Tract Map, and Architectural Review to allow a phased project consisting of. (7) parcels with up to 49,269 square feet of commercial development and up to 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 2 133,656 square feet of assisted living facility including 139 living units and support services based on the following findings: General Plan Amendment, Airport Area Specific Plan Amendment, and Rezone Findings: The proposed amendments to the General Plan, including the rezone, and Airport Area Specific Plan land use amendments as shown in Exhibit A bring the parcels included in the project into consistency with existing zoning of the subject parcel which was rezoned to Community -Commercial with Special Focus Overlay (C-C-SF) when the 2014 Land Use and Circulation Element update was adopted. 2. The proposed project is consistent with policy objectives of the Broad Street and Tank Farm Road Special Focus area since it provides a mix of uses with a strong commercial presence at the intersection. 3. The AASP as amended is consistent with policy direction for the area included in the General Plan and in particular the following General Plan policies: a. LUE Policies 2.2.4 and 2.2.5 provide for neighborhood connections in new projects, both internally and externally so as to integrate new projects into the neighborhoods in which they are proposed, as well as take advantage of opportunities for locating new development close to major employers, retailing and multi -modal transportation facilities; b. LUE Policies 2.3.1, 2.3.6 and 2.3.9, which promote quality neighborhoods and infill development, because the project is located within walking distance to MindBody Headquarters, SESLOC, other nearby employers as well as retail uses and other retail and personal services; c. LUE Policy 3.4.1 encourages mixed -use projects in Community -Commercial districts to provide support services near retailing and office facilities; d. LUE Policy 8.13 establishes the "Special Focus" Area #12 at the subject site to facilitate improvements to bicyclist and pedestrian facilities in the project area, and by integrating uses within the larger established Tank Farm -Broad Street neighborhood reduce vehicle trips and provide additional employment and retailing opportunities to this part of town; and The AASP as amended is also consistent with all other applicable General Plan policies, as described and analyzed in the April 10, 2019 staff report to the Planning Commission for this project. 4. On September 19, 2018, The County of San Luis Obispo Airport Land Use Commission found the proposed project to be consistent with the Airport Land Use Plan under authority of Section 2.7 of the ALUP. 660 TANK FARM ROAD, 3985 BROAD STREET E[D-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 3 5. Amendments as proposed to the AASP will not be detrimental to the surrounding area or cause a decline in quality of life for residents, employees and others in the project vicinity since the project has been reviewed and conditioned by City Departments for conformance with area plans, standards, policies, and regulations applicable to the site. Vesting Tentative Tract Map, and Architectural Review findings: 1. The site is physically suitable for the type and density of development proposed, and as otherwise allowed in the Community -Commercial with Special Focus Overlay (C-C- SF) and Conservation and Open Space Overlay (C/OS) zoning districts. 2. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City's commercial and adult/senior care inventory, results in parcels that meet prescribed density standards, and will be consistent with the development standards of the Airport Area Specific Plan (AASP). 3. The design of the vesting tentative tract map and the proposed improvements as designed and conditioned herein are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The tentative map, as conditioned, will comply with all environmental mitigation measures prescribed herein, and therefore is consistent with the California Environmental Quality Act, and the Initial Study -Mitigated Negative Declaration (IS-MND). 5. The developments mix of uses provides greater public benefits than a single -use development of the site because it provides both a mix of commercial uses and includes an assisted living facility not otherwise available in the immediate area, it is located along a major transit, bike, and pedestrian corridor, and is in close proximity to workplaces and services. 6. The proposed parking reduction for the Special Focus Area #12 is consistent with shared - parking projects within the City and based on the design of the center with separate commercial buildings on separate parcels with shared access, the anticipated mix of uses will not result in significant or sustained parking deficiencies. 7. The proposed design exception to allow 11' travel lanes on Tank Farm Road respond to existing constraints and are supported by the Public Works Transportation Division since the minor exception will continue to permit reconfiguration of travel lanes to maximize safe vehicle movements through the area in a manner consistent with the Circulation Element. 660 TANK FARM ROAD, 3985 BROAD STREET E1D-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 4 8. The proposed creek setback exception will permit an appropriate buffer to be established along the area of the creek -way, will account for the irregular configuration of the subject property in this area, includes creek habitat restoration, and will not result in a reduction of open space along this section of Orcutt Creek that would otherwise compromise habitat protection in the area and is consistent with the policies of the Conservation and Open Space Elements of the General Plan. SECTION 2. Environmental Review. Based upon all evidence, the Planning Commission recommends the City Council adopt the Initial Study -Mitigated Negative Declaration (IS-MND), and adopts the following CEQA Findings in support of all entitlements related to the 660 Tank Farm Road / 3985 Broad Street Mixed -Use project: 1. The Northwest Corner Mixed -Use Project Initial Study -Mitigated Negative Declaration (IS-MND) was prepared in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adequately addressing impacts associated with the proposed amendments to the Airport Area Specific Plan and proposed project; and 2. All potentially significant effects were analyzed adequately in the referenced IS-MND, subject to the following mitigation measures being incorporated into the project and the mitigation monitoring program: AIR QUALITY MITIGATION MEASURES AQ-1 Standard Control Measures for Construction Equipment The following standard air quality mitigation measures shall be implemented during the site preparation and grading phases of construction at the project site: • Maintain all construction equipment in proper tune according to manufacturer's specifications; • Fuel all off -road and portable diesel -powered equipment with CARB-certified motor vehicle diesel fuel (non -taxed version suitable for use off -road); • Comply with the State Off -Road Regulation; • Use on -road heavy-duty trucks that meet the CARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation; • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; • All on and off -road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5-minute idling limit; • Diesel idling within 500 feet of sensitive receptors shall not be not permitted;' 1 SLOAPCD recommends that diesel idling and staging/queuing areas be prohibited within 1,000 feet of sensitive receptors. However, these restrictions would be infeasible for the proposed project because the project site is approximately 850 feet in length, and the nearest sensitive receptors would be the planned residential units located on the parcel immediately adjacent to the project site's western boundary (650 Tank Farm Road). Therefore, the diesel idling and staging/queuing area restrictions has been reduced to 500 feet. 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 5 • Staging and queuing areas shall not be located within 500 feet of sensitive receptors;6 • Equipment shall be electrified when feasible; ■ Gasoline -powered equipment shall be substituted in place of diesel -powered equipment, where feasible; and • Alternatively -fueled construction equipment shall be used on -site where feasible, such as compressed natural gas, liquefied natural gas, propane or biodiesel. AQ-2 Best Available Control Technology. Diesel construction equipment used during the site preparation and grading phases shall be equipped with CARB Tier 3 or Tier 4 certified off -road engines and 2010 on -road compliant engines. • AQ-1 through AQ-2 Monitoring Program: These conditions shall be noted on all project grading and building plans. The Building Inspector and Public Works Inspectors shall conduct field monitoring. BIOLOGICAL RESOURCES MITIGATION BI0-1 Vegetation removal and initial site disturbance for any project elements shall be conducted between September 1st and January 31 st outside of the nesting season for birds. If vegetation removal is planned for the bird nesting season (February 1st to August 31 sty), then preconstruction nesting bird surveys shall be required to determine if any active nests would be impacted by project construction. If no active nests are found and vegetation removal is conducted within 5 days of the survey and is done continuously, then no further survey work shall be required. Additional surveys during the nesting season shall be conducted as needed if there is any break in vegetation removal, grading and/or construction lasting more than 5 days. If any active nests are found that would be impacted by vegetation removal, grading and/or construction, then the nest sites shall be avoided with the establishment of a non -disturbance buffer zone around active nests as determined by a qualified biologist. Nest sites shall be avoided and protected within the non -disturbance buffer zone until the young are no longer reliant on the nest site for survival (have fledged) as determined by a qualified biologist. Ai I workers shall receive training on good housekeeping practices during construction that will discourage nests from being established within the work area (e.g., cover stored pipe ends, cover all equipment not being used daily, etc.). A qualified biologist shall regularly walk the construction area to look for nest starts and review site for good housekeeping practices. As such, avoiding disturbance or take of an active nest would reduce potential impacts on nesting birds to a less -than -significant level. BI0-2 The applicant shall obtain Clean Water Act (CWA) regulatory compliance in the form of a permit from the Corps or written documentation from the Corps that no permit would be required for the pproposed road crossing. Should a permit be required, the applicant shall implement alI the terms and conditions of the permit to the satisfaction of the Corps. Corps permits and authorizations require applicants to demonstrate that the proposed project has been designed and will be implemented in a manner that avoids and minimizes impacts on aquatic resources to the extent practicable. Compliance with Corps permitting would also include obtaining and CWA 401 Water Quality Certification from the Regional Water Quality Control Board (RWQCB). In addition, the Corps and RWQCB may require compensatory mitigation for unavoidable permanent impacts on waters of the U.S./State to achieve the goal of a no net loss of wetland values and functions. As such, with implementation of the 3:1 ratio of creek 660 TANK FARM ROAD, 3985 BROAD STREET E1D-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 6 enhancement mitigation plantings and regulatory compliance would reduce potential impacts on waters of the U.S. to a less -than -significant Ievel. BIO-3 The applicant shall obtain compliance with Section 1602 of the California Fish and Game Code (Streambed Alteration Agreements) in the form of completed Streambed Alteration Agreement or written documentation from the CDFW that no agreement would be required for the proposed road crossing. Should an agreement be required, the property owners shall implement all the terms and conditions of the agreement to the satisfaction of the CDFG. The CDFG Streambed Alteration Agreement process encourages applicants to demonstrate that the proposed project has been designed and will be implemented in a manner that avoids and minimizes impacts in the stream zone. In addition, CDFG may require compensatory mitigation for unavoidable permanent impacts on waters of the State. As such, with implementation of the 3: l ratio of creek enhancement mitigation plantings and regulatory compliance would reduce potential impacts on waters of the U.S. to a less -than -significant level. B-1 through B-3 Monitoring Program: Prior to issuance of any grading or building permits, Community Development Department staff will verify that necessary permitting and certification requirements have been met and that all improvement plans, landscaping plans and/or relevant construction permits include the required measures for mitigation plantings, creek enhancement, and any compensatory mitigation measures for impacts to Waters of the U.S. as required by the Corps of Engineers and RWQCB. CULTURAL RESOURCES MITIGATION CR-1 Halt Work Order for Discovery of Previously Unidentified Cultural Resources. In the event that historical or archaeological remains are discovered during earth disturbing activities associated with the project, an immediate halt work order shall be issued, and the Community Development Director shall be notified. A qualified archaeologist shall conduct an assessment of the resources and formulate proper mitigation measures, if necessary. After the find has been appropriately mitigated, work in the area may resume. A Chumash representative shall monitor any mitigation excavation associated with Native American materials. CR-2 Halt Work Order for Discovery of Human Remains. In the event that human remains are exposed during earth disturbing activities associated with the project, an immediate halt work order shall be issued, and the Community Development Director shall be notified. State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24-hours. • CR-I to CR-2 monitoring program: 660 TANK FARM ROAD, 3985 BROAD STREET E1D-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 7 Community Development Department staff will verify appropriate notes identifying requirements are listed prominently for contractor reference on applicable construction documents which involve significant ground disturbance including grading or trenching. NOISE MITIGATION N-1 Sound Wall and or Special Building Considerations South Elevation Assisted Living Facility. At the time of submittal of construction plans for the assisted living facility, an acoustical engineering report/analysis will be submitted detailing construction techniques for noise mitigation to ensure interior habitable spaces facing south and to the east facing the loading dock area at Building 1, do not exceed annual CNEL = 45 dBA. The mitigation will most likely be wall, window and door assemblies, or a combination of these, with an enhanced Sound Transmission Class rating to resist the street noise coming from Tank Farm Road. • N-1 monitoring program: Prior to issuance of building permits, the acoustical engineering report will be required by Community Development Department staff to verify interior noise levels will not exceed 45 dBA, and any requirements will be clearly noted on all plans for building construction. TRANSPORTATION MITIGATION MEASURES T-1 Tank Farm Road from Broad through Project Site to Mindbody intersection. Provide a second westbound through lane on Tank Farm Road consistent with the cross section in the Airport Area Specific Plan. Provide two westbound lanes, bike lanes, and sidewalks consistent with the parkway arterial designation in the Airport Area Specific Plan. T-2 Tank Farm Road from Old Windmill Lane to Santa Fe Road. The project shall make a fair share contribution of 0.62 percent of the cost of widening Tank Farm Road to four lanes between Santa Fe Road and Old Windmill Lane T-3 Broad Street/Industrial Way. The project shall make a fair share contribution towards converting the east and west approaches from split phasing to permissive phasing and restriping both east and west legs of the intersection to provide dedicated left turn lanes and shared through/right turn lanes. T-4 Fair Share Contributions. The project applicant shall make fair share contributions towards the following improvements through payment of Citywide Traffic Impact Fees: ■ Tank Farm Road/Higuera Street: Install a second southbound left turn lane. ■ Tank Farm Road/Santa Fe Road: Install a multi -lane roundabout. 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 8 • Broad Street/Tank Farm Road: Install a dedicated northbound right turn lane, convert the westbound right turn lane to a shared through/right lane, and establish time - of -day timing plans. a MM T-2, T-3, and T-4 monitoring program: The Transportation Division of Public Works, and the Community Development Department will require that fair share contributions are paid prior to issuance of building permits. • MM T-1 monitoring program: The Transportation Division of Public Works, and the Community Development Department will require that public improvements are completed prior to occupancy. SECTION 3. Action. The Planning Commission does hereby recommend the City Council approve the proposed project (SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018) that includes a Specific Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback exception, and Architectural review to allow a mixed -use project covering seven (7) parcels with up to 49,269 square feet of commercial development and up to 133,656 square feet of assisted living facility including 139 living units and support services. The Planning Commission's recommendation includes Exhibits A & B to this resolution depicting the General Plan Amendment and rezone at 660 Tank Farm Road, Airport Area Specific Plan Amendment (Exhibit A), and associated text amendments to the Airport Area Specific Plan (Exhibit B). Planning Division — Community Development Department The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. 2. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements. Colors and materials shall be consistent with the final approved color and material board. The locations of all exterior lighting, including lighting on the structure, bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall -mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall -mounted lighting shall complement building architecture. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut -sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light is directed downward consistent with the requirements of the 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 9 City's Night Sky Preservation standards contained in Chapter 17.23 of the Zoning Regulations. 4. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will provide adequate screening. A line -of -sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to both initial project construction and later building modifications and improvements. 5. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. 6. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the backflow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. 7. A final sign program for the Commercial site shall be approved by the Director of Community Development prior to issuance of building permits for that phase of the project. The sign program shall include information on the sizes, locations, colors, materials, types, and illumination of all signage. Project signs shall be designed to be compatible with the architecture of proposed buildings and complement the site's setting. 8. Inclusionary Housing. Prior to issuance of building permits, inclusionary in -lieu fees of 5% of building evaluation shall be paid. 9. The following use standards and conditions reflect requirements established under the San Luis Obispo County Airport Land Use Commission's (ALUC) determination of consistency (9-19-2018) and shall be complied with as follows: a. The Project submitted to the County under Referral Letter dated July 25, 2018 shall be conditioned by the City to be consistent with said referral, and will not be changed without the input of the ALUC; b. Airport Area Specific Plan Amendments as provided herein are limited to the subject property; 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 10 c. Non-residential density for the site within the S-lc Safety Area would be limited to a maximum 120 persons/acre; d. Maximum building heights would be 35'; e. Interior noise standards of the Airport Land Use Plan (ALUP) would be met inside the assisted living facility; f. No improvements would constitute a navigation hazard as defined by the ALUP; g. Uses that would potentially interfere with takeoffs, landings and maneuvering of aircraft would be prohibited; h. Avigation easements would be required for the site; and, i. Disclosures would be provided to potential buyers and tenants regarding airport operations. Engineering Division — Public Works/Community Development Department 10. Any easements including but not limited to provisions for all public and private'utilities, access, grading, drainage, open space, slope banks, construction, public and private streets, pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be shown on the final map and/or shall be recorded separately prior map recordation. Said easements may be provided for in part or in total as blanket easements. 11. The final map and improvement plans shall show the extent of all existing and proposed on - site and off -site offers of dedication. Subdivision improvement plans and or preliminary designs may be required for any deferred improvements so that dedication limits can be established. These improvements may include but are not limited to road construction and widening, grading and drainage improvements, utility easements, bridges, bike bridges, transit stops, bikeways, pedestrian paths, and signalized intersections. 12. The final map and/or improvement plans shall show and label the separate access easements to serve the Sesloc property to the north and the redevelopment project to the west known as 650 Tank Farm Road. The map and plans shall show and label the proposed private sewer main easement to serve the proposed Sesloc development to the north. Separate easement agreements shall be prepared and finalized by the developer. 13. The subdivider shall dedicate a 10' wide street tree easement and 15' wide public utility easement (P.U.E.) across the Broad Street and Tank Farm Road frontages of each lot. Said easements shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 14. Access rights shall be dedicated to the City along the Broad Street and Tank Farm Road frontages except at approved driveway locations. Said dedications shall be shown and 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 1 I labeled on the final map. 15. The developer shall include any other out -of -tract offers of dedication related to the need for public utility extensions related to orderly development of the AASP that are not otherwise located within a public street. 16. All private improvements shall be owned and maintained by the individual property owners and/or a Commercial Owner's Association as applicable. Private improvements include but are not limited to streets, drive aisles, parking lot improvements, sidewalks, private pedestrian/bike paths, private sewer mains/laterals, water services, fire services, reclaimed water services, drainage systems, detention basin(s), site lighting, landscape, landscape irrigation, and common areas. 17. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may need to be recorded in conjunction with the Final Map to clarify development restrictions, fee payments, conditions of development, and references to any pertinent conditions of approval related to this map and/or off -site requirements. 18. Off -site improvements, easements and/or dedications may be required to facilitate through street access and public water, recycled water and sewer main extensions beyond the tract boundary and in accordance with the AASP. 19. Unless specifically approved by the City, all public and private subdivision improvements shall be approved prior to map recordation and/or building permit issuance, whichever occurs first. Subdivision sureties shall be provided for all subdivision improvements if the map will record prior to completion of the improvements. 20. Unless phased or interim improvements are approved by the City, all pertinent public and private subdivision improvements shall be completed prior to building occupancy. 21. The subdivider shall remove the off -site right-in/right-out turning island serving the Sesloc property within the Broad Street right-of-way. This access will be replaced by a similar on - site access to the perimeter roadway along the northern edge of the site adjoining the SESLOC property. The new access driveway off of Broad Street shall restrict access to right-in/right-out/left-in only. The developer shall provide written notice to Sesloc on the proposed construction schedule and timing related to the off -site public and private improvements related to the abandonment of the Sesloc driveway. A copy of said notification shall be provided to the City. 22. A separate building permit/parking lot permit shall be processed for the proposed private Sesloc on -site improvements required to accommodate the closure of the southerly Sesloc parking lot access. The driveway shall not be closed until a secondary access is provided 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 12 unless otherwise approved by Sesloc and the City. 23. With respect to any off -site improvements, prior to filing of the Final Map, the subdivider shall either: a. Clearly demonstrate their right to construct the improvements by showing access to, title or interest in the property in a form acceptable to the City Engineer; or, b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and request that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462 .5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California; ii. Preliminary title report including chain of title and litigation guarantee; iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so; iv. Copies of all written correspondence with off -site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. V. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 24. All public streets shall conform to City Engineering Standards and AASP including curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City Engineer. Where conflicts occur between the City Engineering Standards and concepts 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 13 identified in the AASP and/or this project approval, a final determination on design shall be provided by the City Engineer. 25. Final roadway alignment shall be consistent with the AASP, Bike Plan, and City Engineering Standards except where the applicant has requested and been granted a formal design exception. 26. The development plans shall be revised to include the circulation changes shown at the project interface with the Sesloc access driveway to the north as shown on Conceptual Site Plan sheet SP-1 dated 2/5/19 and Bethel Engineering reference plan sheet 1 of 1 dated 1/23/19. The final orientation of the through street, stop controlled drive aisle, pedestrian access, and bike connectivity shall be approved to the satisfaction of the City. 27. The improvement plans shall include all final line -of -sight analysis at applicable intersections to the satisfaction of the Public Works Department. Fence heights and plantings in the areas of control shall be reviewed in conjunction with the analysis. A separate recorded declaration, covenant, agreement or Notice of Requirements for private property owner maintenance of sight lines may be required. 28. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water Quality Control Board required for the drainage, site improvements, street and road improvements shall be issued prior to plan approval and/or commencing with work within the respective waterways. 29. All mitigation measures (MM) specific to Transportation requirements shall be provided as detailed under this Resolution to the satisfaction of the City Engineer. 30. Access rights for the development at 650 Tank Farm Road shall be dedicated prior to or concurrent with the recordation of the final map. Improvements for access would be completed by the development at 650 Tank farm Road under the conditions of their permits. A shared maintenance program for this access may be prepared between the parties and will be included with disclosures to prospective tenants and buyers as provided in these conditions (See COA 57). 31. The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring and luminaires along all public streets and intersections per City Engineering Standards. 32. Private site lighting shall be provided per City Engineering Standards. Unless otherwise waived by the City, the through access roadway/bikeway from the northerly tract boundary to the signal at Tank Farm Road shall include street/pathway lighting per City Engineering Standards and the City's Bike Plan. 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 14 33. Improvement plans for the entire subdivision, including any off -site improvements shall be approved to the satisfaction of the Public Works Department, Utilities Department, and Fire Department prior to map recordation. 34. The improvement plans shall clearly show all existing structures, site improvements, utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include the proposed disposition of the improvements and any proposed phasing of the removal and demolition. All structures and utilities affected by the proposed lot lines shall be removed and receive final inspection approvals prior to map recordation. 35. The improvement plan submittal shall include a complete construction phasing plan in accordance with the conditions of approval, City codes, and standards. A truck circulation plan and construction management and staging plan shall be included with the improvement plan submittal. General truck routes shall be submitted for review and acceptance by the City. The engineer of record shall provide a summary of the extent of cut and fill with estimates on the yards of import and export material. The summary shall include rough grading, utility trench construction, road construction, AC paving, concrete delivery, and vertical construction loading estimates on the existing public roadways. The developer shall either; 1) complete roadway deflection testing before and after construction to the satisfaction of the City Engineer and shall complete repairs to the pre -construction condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards and guidelines, or 3) shall propose a pavement repair/replacement program to the satisfaction of the City Engineer prior to acceptance of the subdivision improvements. 36. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each lot to the satisfaction of the Public Works Department and serving utility companies. All public and private sewer mains shall be shown on the public improvement plans and shall be constructed per City Engineering Standards unless a waiver or alternate standard is otherwise approved by the City. The plans shall clearly delineate and distinguish the difference between public and private improvements. 37. City recycled water or another non -potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City's Utilities Department. Recycled water is readily available near the intersection of Tank Farm Road and Orcutt Road. 38. Final grades and alignments of all public and/or private water, sewer and storm drains shall be approved to the satisfaction of the Public Works Director and Utilities Department. The final location, configuration, and sizing of service laterals and meters shall be approved in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 15 39. The improvement plans shall show the location of all domestic and landscape water meters. The plan shall include service lateral sizes and meter sizes. Sizing calculations may be required to justify service and meter sizing. Water impact fees related to the irrigation water meter(s) shall be paid prior to approval of the subdivision improvement plans for each pertinent map and/or construction phase. 40. Unless otherwise approved by the City, sewer laterals and/or private mains shall connect to the public sewer main located within Tank Farm Road. If approved for connection in Broad Street, a comprehensive plan based on the field confirmation of all existing public and private utility depths shall be completed to confirm that a gravity sewer can be achieved with gradients and utility clearances per City Engineering Standards. Transportation Division - Public Works Department 41. The project shall pay all required transportation impact fees, including required County 227 Impact Fees, and fair share contributions as indicated in the traffic impact study, dated Nov. 11, 2018, and project environmental documents before building permits are issued. 42. The following required public improvements shall be completed by the property owner prior to occupancy: a. Re -stripe southbound approach at Broad Street/Tank Farm intersection to provide two (2) left turn lanes, to the satisfaction of the Public Works Director. Improvements include any required modifications to traffic signal detection, phasing operation and timings to accommodate additional turn lane. b. Locate curb and gutter and pave out Tank Farm Road to final Airport Area Specific Plan cross section across entire property frontage. Stripe roadway to the satisfaction of the Public Works Director. c. Abandon SESLOC driveway to the north of the project site and reconstruct sidewalk, parkway and gutter to City Standards. d. The median on Tank Farm along the project frontage shall be reconstructed in concrete, to the satisfaction of the Public Works Director. e. Complete median design / access controls for right -in / right -out / left -in access at the north project driveway on Broad Street, to the satisfaction of the Public Works Director. £ Complete traffic signal improvements to the Tank Farm / Mindbody signal to the satisfaction of the Public Works Director. This includes all required poles, signal heads, cables, cabinet equipment, battery backups and all other necessary equipment for the traffic signal to function in its intended purpose, per Caltrans and City of San Luis Obispo Standard Specifications. 43. Project shall grant a public access easement along the entire access roadway (connection between Mindbody Signal and SESLOC property) to the west of the project site. 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 16 44. The project shall make efforts to encourage bicycle and transit users. To this end, the project shall include the following: • Transit — immediately south of the Broad Street ingress/egress (near buildings 5 & 6), the planned sidewalk/landscape area along Broad Street shall be designed to easily accommodate a bus turnout, should such demand arise in the future. Furthermore, the applicant would not object should the transit authority determine such an improvement was warranted. Bike Racks — the following additional elements shall be installed to attract the use of bicyclists: a) bike racks shall be located as close to building entrances as is practical; b) at each bike each location, protective rain/sun canopies shall be installed, as well as security lighting. Utilities Department 45. The proposed utility infrastructure shall comply with the latest engineering design standards effective at the time the building permit is obtained, and shall have reasonable alignments needed for maintenance of public infrastructure. 46. Revisions to the city owned fiber optic cable located along the east boundary of the project, that may result from the proposed land use modifications, shall be adjusted or re- constructed to the satisfaction of the Utilities Director. 47. The proposed project is within an area subject to shallow ground water. Heat -fused HDPE pipe shall be used for the proposed private and public sewer collection system to prevent groundwater infiltration. 48. If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design. These types of facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. 49. The site is within the City's Water Reuse Master Plan area and landscape irrigation for the project shall utilize recycled water from the existing service that was stubbed to the property. The irrigation system shall be designed and operated as described consistent with recycled water standards in the City's Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections. The irrigation plans shall be submitted to the Building Department for review during the City's building permit review process. Frontage improvements must include approximately 950-feet of a new 8" recycled water main with new recycled water services to the project. The alignment of the recycled water mains shall follow the engineering design standards and shall be designed to the satisfaction of the Utilities Engineer. 50. The project's commercial and residential uses shall be metered separately. 660 TANK FARM ROAD, 3985 BROAD STREET E1D-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 17 51. Public sewer and water pipe infrastructure shall not be extended into private access road, but public water meters can be installed for each parcel with a dedicated access easement, and is to the satisfaction of the Utilities Engineer. 52. Irrigation systems using recycled water shall be designed and operated as described consistent with the City's Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections in accordance with the Engineering Design Standards. Three sets of irrigation plans shall be submitted for review during the City's improvement plan and/or building permit review process. 53. Water flow rates and flow velocities shall comply with the minimum requirements of the 2016 Potable Water Distribution System Operations Master Plan. 54. Final grades and alignments of all public and/or private water, recycled water, and sewer shall be approved to the satisfaction of the Utilities Department. The final location, configuration, and sizing of on -site service laterals and meters shall be approved by the Utilities Director in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. Code Requirements: 55. Potable water shall not be used for major construction activities, such as grading and dust control as required under Prohibited Water Uses; Chapter 13.07.070.0 of the City's Municipal Code. Recycled water is available through the City's Construction Water Permit program. 56. Projects generating more than two cubic yards of total waste shall comply with AB 1826, and local waste management ordinance to reduce greenhouse gas emissions. 57. Trash enclosure and refuse bins shall be sized to provide a reasonable level of service per the requirements of the San Luis Garbage Company. 58. During Building Permit Review, the development of the plan shall be coordinated with San Luis Garbage. The plan must be submitted for approval by the City's Utilities Engineer prior to issuance of the project's Building Permit. 660 TANK FARM ROAD, 3985 BROAD STREET EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Page 18 Upon motion of Commissioner Jorgensen, seconded by Commissioner McKenzie, and on the following roll call vote: AYES: Commissioners Dandekar, Jorgensen, Kahn, McKenzie, Quincey, Wulkan, Stevenson NOES: None ABSENT: None The foregoing resolution was adopted this I0`h day of April 2019. Xzandrea Fowler, Secretary Planning Commission